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02-12-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 12, 2018 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:02 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, and Sundberg; Attorney Keane; Administrator Lerud; Clerk Thone; Interim Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, Engineer Fauske Absent: Councilmember Siakel. B. Review Agenda Labadie moved, Johnson seconded, approving the agenda, as presented. Motion passed 410. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Johnson moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of January 31, 2018 B. City Council and Staff Retreat Minutes of January 31, 2018 C. Approval of the Verified Claims List D. Adopting RESOLUTION NO. 18 -010, "A Resolution Approving Publication of Ord. 552 by Title and Summary" E. SeeClickFix Annual Renewal F. Approve Hiring LEO Position Councilmember Johnson asked for staff to quickly cover what SeeClickFix is and make note of the fact that even if the City doesn't use them for a full year, the money being spent on this will be worth it for half the time frame. Administrator Lerud stated that SeeClickFix does not allow for any contracts less than a 12 month period. He estimates that the City will transition out of it before a year is up but believes the program important and the city needs to keep it in place until the new website is rolled out. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2018 Page 2 of 1.0 Motion passed 4/0. 3. MATTERS FROM THE FLOOR Mark Bongard 26260 Birch Bluff Road, stated he moved into this home last summer and is here to discuss the fire lane issue. He stated that he may have been the one that started the current fire lane controversy. He wasn't aware of the work session meeting that happened earlier today, so he did not attend that meeting. He asked for an update on what was discussed and how he can get involved in future meetings. He would like a chance to defend his position on how the fire lane is utilized. Planning Director Darling stated that the direction from the Council is to look at the existing fire lanes within the City and do an inventory of their general condition and to look at reviewing the standards and consider adding additional classifications or reclassification of the existing ones to allow for snowmobile access to the lake. Councilmember Sundberg explained that the Planning Commission will look in depth at the fire lanes and make a recommendation to the Council. Mr. Bongard will have a chance to speak and share his opinion with the Planning Commission at their meetings. Planning Director Darling stated that she expects the Planning Commission to discuss and make a recommendation over the summer, so if there are changes made, they will be in place before next winter. Marcy Bean, 1600 Keenan Circle Chanhassen stated she is here tonight to ask the Council to consider completion of a trail along Mill Street. This route is a key connection between Chanhassen and Excelsior and she is concerned about those who travel by foot along that route. She has reviewed the plans from both Excelsior and Shorewood and understands the complexity of the project but would love to see everyone work together. She has also communicated with Hennepin County as they are planning a mill and overlay project for 2018. She stated that she thinks it is a good time to revisit the conversation with the County. Part of the discussion has been around larger scale grants that may be available if there is collaboration between the cities. She noted that she had posted a survey regarding this potential trail on Next Door about 2 weeks ago and she has gotten 115 responses from both cities. She stated that all but one has been in support for the project, so far. She plans to leave the survey open through the end of this week and then will compile and share the data gathered. Councilmember Johnson stated that he had volunteered in December to be a liaison with Excelsior's Council to see if there was a way to collaborate. He recently met with a member of the Excelsior Council along with Andrea Lang, a resident. He stated that Ms. Bean had also spoken to the Excelsior Council and they had given their staff direction to look at the possibility of a feasibility study. His understanding is that the larger grants available from Hennepin County have a deadline of March 1, however, Shorewood's feasibility study has already been completed. But, he would like to see some direction given to staff on collaborating with Excelsior. Councilmember Labadie asked whether people were asked to identify themselves in the survey Ms. Bean conducted, or if it was anonymous. Ms. Bean stated that people had the option to sign up to be on the list for information as the project progressed. She stated that of the 115, over 50 have given their contact information. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 1.2, 2018 Page 3 of 10 Councilmember Labadie stated that even though it was an informal survey, she would be interested in viewing the results when Ms. Bean finishes gathering the data. She asked Ms. Bean to provide the results to staff and that staff distribute the results to the Council. Mayor Zerby encouraged staff to continue working with the City of Excelsior and to update the Council on those discussions. 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS - None 6. PARKS - None 7. PLANNING A. Setback Variance - Applicant: Robert and Joan Wright, 6110 Club Valley Road Planning Director Darling reviewed the applicant for a setback variance. This item was discussed at the January 6, 2018 Planning Commission meeting and it was unanimously recommended for approval. Robert Wright, 61.10 Club Valley submitted a new survey that shows the whole property and includes positioning of the rain garden. Councilmember Labadie commended Planning Director Darling for the way she crafted her memo to the Council as it really summarized the situation and she found it to be very easy to read and understand. Johnson motion, Sundberg seconded, to approve RESOLUTION NO. 18- 013, "A Setback Variance for Robert and Joan Wright, 6110 Club Valley Road, subject to conditions included in the resolution." Motion passed 4/0. B. Final Plat —Minnetonka Country Club P Addition —Applicant: Mattamy Homes Planning Director Darling reviewed the location of the 3`d addition for Minnetonka Country Club. She stated that the development contract includes that the trails be completed by July 1, 2018 but noted that there are not any trails in this portion of the development, it is just a repeat of the previous condition that went along with the 2 °a addition. Mayor Zerby confirmed the final completion date for this portion of the project was July 1, 2019. Brian Theis, Mattamy Homes, noted that Mattamy Homes has transitioned out of home building and CalAtlantic and Gonyea Homes have transitioned in and just opened up their model home. He gave a brief update on the current sales and development progress. Sundberg motion, Johnson seconded, to approve RESOLUTION NO. 18 -015, "The Final Plat — Minnetonka Country Club 3rd Addition — Mattamy Homes, as presented." Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2018 Page 4 of 10 8. ENGINEERING/PUBLIC WORKS A. Approve Memorandum of Understanding with Minnehaha Creek Watershed District to Coordinate Water Resources Planning and Capital Improvement Planning, City Project 18 -02 Engineer Fauske stated that staff has met with the Minnehaha Creek Watershed District about partnering with them on some projects in the City. She stated that staff has identified an area that is being called the Freeman Park drainage area as a potential project. The goal is to be able to utilize the Watershed's expertise and bring them in early in the project so it is truly a cooperative effort. She introduced Renee Clark of the Minnehaha Creek Watershed District and noted that the Memorandum of Understanding came from them and provides the framework so staff from each agency can move forward through the process. She apologized that somehow the Memorandum of Understanding was not included in the packet for tonight's meeting.. Mayor Zerby noted that he was thrilled that we would be working with Minnesota Creek Watershed District in the early stages and looks forward to the partnership. Councilmember Johnson stated that his only concern is approving a Memorandum of Understanding that he has not seen. Engineer Fauske apologized for the oversight of not including it with her memo. She stated that this item could be brought back to a future meeting to give time for the Council to review the document. Councilmember Johnson stated that he didn't want to delay things, but felt it was prudent to look at the document before approving it. Councilmember Labadie asked if there would be any ramifications to not taking action on this until the next meeting. Engineer Fauske stated that since we are at such a high level of the planning stage, it will not greatly effect things if the agreement is delayed until the next meeting. Renee Clark, Minnehaha Creek Watershed District, gave a summary of what was included in the Memorandum of Understanding. There was a Consensus to bring back the Memorandum of Understanding with Minnehaha Creek Watershed District to Coordinate Water Resources Planning and Capital Improvement Planning, City Project 18 -02, for discussion at a future Council meeting in order to allow the Council to review the Agreement before taking action. 9. GENERAL/NEW BUSINESS A. Cathcart Park Annexation Administrator Lerud explained the history of Cathcart Park and noted that in 1993 the City of Chanhassen entered into an agreement with Shorewood to jointly maintain Cathcart Park. The City of Shorewood was responsible for the larger maintenance items and the City of Chanhassen was responsible for the mowing and tree trimming. There has been much discussion and disagreements over the years about which city was to handle which items. Last summer, during the annual park tour, there was found to be some issues with the condition of the park and it was staff and Council's recommendation that Shorewood take on full CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2018 Page 5 of 10 responsibility for maintaining the park. The City informed the City of Chanhassen of our intent, and in October the maintenance agreement was terminated. The item before the Council for discussion is to annex the park into the City limits because it is currently located in Carver County, within the City of Chanhassen. Mayor Zerby stated that he had an opportunity to speak with the Mayor of Chanhassen regarding this item and was informed that it is included on their consent agenda for the meeting happening tonight. He stated that he thinks this is the right thing to do and the Mayor of Chanhassen also supported it. Councilmember Johnson asked who owned West 62nd Street. Director of Public Works Brown stated that West 62 Street is a boundary street, so it is half and half. This street is one that needs of some attention and maintenance, so he suspects that the City will be back at the table to discuss that with the City of Chanhassen very soon. Labadie moved, Johnson seconded, to Approve RESOLUTION NO. 18 -016, "The Concurrent Detachment from Chanhassen and Annexation into Shorewood of Certain Lands, Pursuant to Minnesota Statutes Section 414.061, specifically the land identified as Cathcart Park." Motion passed 4/0. B. City Council Chamber Presentation Equipment Administrator Lerud said one of the items discussed at the retreat was replacing the equipment in the council chamber. The City worked with Jim Lundberg at Lake Minnetonka Cable Commission and he brought forward a few potential vendors. The City has received a quote from Tierney and Z- Systems for the replacement of the equipment. He reviewed the items covered within the quotes. if the improvements are made, the Chamber could serve as a secondary site for an emergency if the Public Safety building was not available. Staff is recommending acceptance of the Z- System bid and the funds would come out of the City Hall budget. Councilmember Johnson stated that there appear to be items included in the Tierney quote that were not included in the Z- Systems quote, for example, HDMI carriage extensions and Windows 10 signage server. He asked whether staff was certain that Z- Systems has included all the cables in their quote. Administrator Lerud stated that he is relying on Jim Lundberg who has stated that Z- Systems has included what is necessary to complete the project. He noted that Jim Lundberg also recommended accepting the bid from Z- Systems. Councilmember Labadie expressed concern about whether the difference in bids reflected technology differences and wondered whether one would age itself more quickly than the other. Administrator Lerud stated that it would not because we are really looking at hardware here which will essentially wear out at the same time. Mayor Zerby noted there were items included in the Tierney bid that would generate signage for the lobby. He questioned whether something similar was included in the Z- Systems bid. Administrator Lerud stated that it was included and was called the `Bright Sign Player ". He stated that this also meets the City's needs and was recommended by Jim Lundberg as opposed to the carousel sign server that Tierney proposed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 1.2, 2018 Page 6 of 10 Councilmember Johnson noted that he had taken a few minutes to dig into the bid from Z- Systems and it does state that the pricing includes all the HDMI cables, coax splitters, shop materials and unforeseen expenses. Johnson moved, Labadie seconded, Approving the Purchase Agreement from Z- Systems for the Council Chambers Presentation Equipment, as presented. Motion passed 4/0. C. Southshore Center Quotes Administrator Lerud stated last October there was a broad outline presented of capital and cosmetic improvements that could be made to attract renters at the Southshore Center. After that meeting, this was turned over to Building Official Pazandak. The spreadsheet prepared by Building Official Pazandak was presented at the retreat and staff is now requesting permission to proceed. He reviewed some of the options of work to be done for carpentry and painting. He stated that the building will remain open throughout the project. He showed an example of the proposed ceiling tiles. Councilmember Johnson stated that he likes to see mock -ups and would like to see information on the portion of the quote that lists six chandeliers at $1,000 each in the carport. Administrator Lerud stated those were removed from the quote. He said that that electric quote was included with a little trepidation because staff has already gone through it and modified it fairly extensively and were waiting for new pricing. But he thought it was important just to show the scope of the work. The chandelier will be in the lobby and they would like to see two sconces on the main pillars outside the entryway as an alternative. Councilmember Johnson asked if the Council should really just be looking at this as a ballpark projection of the project and asked if the Council would eventually get down to that level of detail in choosing finishes. Lerud said that the Council will certainly be involved in the deciding the finishes. Administrator Lerud reviewed the general lighting plans and noted they will be changed LEDs. He noted that not included in the packet was information on the rebates that the City will be getting to convert the lights to LEDs. He clarified that none of the big ticket items, such as the large chandeliers, will be chosen without the Council's input. Councilmember Johnson stated that whatever the rebranding is for Southshore Center, the finishes need to match the desired outcome. Mayor Zerby suggested that samples and choices for finishes be brought to a future work session so the Council can have input on those things before the project is completed. Johnson moved, Labadie seconded, authorizing staff to proceed with the presented approximate budget numbers for cabinetry, paint, ceiling tile, electrical, and carpentry work for Southshore Center. Motion passed 4/0. D. Commission Appointments Administrator Lerud stated Council had interviewed two possible candidates at this evenings work session for the opening on the Planning Commission. Councilmember Sundberg stated that the Council had interview Nat Gorham for the Planning Commission and Holly Ashmore for the Park Commission. She stated she was impressed with both candidates. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 1.2, 2018 Page 7 of 10 Sundberg moved, Labadie seconded, to add Nathanial Gorham to the Resolution and to Approve RESOLUTION NO. 18 -017 A RESOLUTION MAKING APPOINTMENT TO THE SHOREWOOD PLANNING COMMISSION. Motion passed 4/0. Labadie moved, Johnson seconded, to add Holly Ashmore to the Resolution and to Approve RESOLUTION NO. 18 -018 A RESOLUTION MAKING APPOINTMENT TO THE SHOREWOOD PARKS COMMISSION. Motion passed 4/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Director Brown stated lie had nothing to report but noted that they have received several calls from residents concerned about the water levels, or more accurately, the ice levels along the channel of Grant Lorenz Road. It appears it may be ground water coming from the Shorewood Oaks area, but Public Works will be doing more research as to whether it is a natural occurrence or drinking water. Mayor Zerby asked if he had attended the recent Minnesota Road Salt Symposium, Director Brown stated he did not attend this year but has attending and completed training in the past. Mayor Zerby encouraged the City to use less salt as there is more and more research being done that shows once the salt is in the lakes and rivers, it stays there. He would like to see the City look at other options, such as a brine solution. Director Brown stated that many cities have moved to a pure chloride mix and the City has resisted that. The argument is that is fills up your ditches and creates more street sweeping. Sand particles can be retrieved much more easily than chloride, which is why they have resisted that temptation. He stated that the City has reduced salt usage by utilizing more sand, as well as mixing in some used sealcoat rock because it stays put and doesn't migrate into the receiving waters. Mayor Zerby stated that the Freshwater Society has a model for management of snow and ice and encouraged staff to review those guidelines and give feedback to the Council. Engineer Fauske received notification this morning that Shorewood was not selected as a winner for the road improvement grant through MnDot. Staff will continue to look for funding for projects within the Country Club /Yellowstone /Lake Lindon corridor. Planning Director Darling stated the rental housing program had some recent code and fee changes and the City sent out 70 notices to property owners that their licenses had expired. Staff has been very happy with the response and has received applications to license 66 currently unlicensed rental dwellings. Mayor Zerby asked where the City stood with replacing the recording secretary. Clerk Thone stated that the City has contracted with TimeSaver, which has been in business about 20 years, and she has used them, in the past, at other cities. She stated that they have been great so far and just picked up and ran with it. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2018 Page 8 of 1.0 Mayor Zerby confirmed that they were utilizing the audio tape and would not be sitting in meetings frantically writing things down. Clerk Thone confirmed that they will have access to the audio files and also the video from Laserfiche. She noted that she is currently in the process of sending resolution numbers and a few notes about who made the motions to Timesaver, until they get used to the voices to know who is speaking. She stated that last week they had the minutes turned around in about three days. She informed the Council that the trend has moved towards not having recorders present at meetings but rather the work is done remotely. She stated that as a bonus, she believes the City may save a little money as well. Attorney Keane stated that the City has negotiated a stipulation to dismiss the City, without prejudice, in the Melody Rae matter. B. Mayor and City Council Councilmember Johnson stated his only update was the Mill Street discussions, which were covered early in Matters from the Floor. Councilmember Labadie praised the Public Works staff for keeping our rinks in as decent condition as they can be without the City owning a Zamboni. She received many requests and comments from the hockey community asking why our ice isn't up to par with the neighboring communities. All the indoor rinks have a Zamboni and some of our neighboring cities have a Zamboni. She stated that it is important to realize that streets come first, followed by sidewalks and trails, and our ice rinks are after those things. She stated that she thinks Public Works staff is on top of this and noted that she has seen more people using the Cathcart rinks this year than she has in the past, which is fantastic to see. Mayor Zerby asked whether there was a way to disseminate information via the website or in another way to answer some of the questions that come in related to ice. Public Works Director Brown stated that he knows we have an article on the ice rinks themselves, but he will see if that can be modified to include some information on the condition of the ice. Councilmember Sundberg stated that she recalls something was recently sent out warning skaters that it would be a little rough because of the recent weather conditions. Public Works Director Brown stated that he received a comment about a week ago that our ice was superior to one of the neighboring rinks, so there are obviously varying opinions on this issue. He wanted to thank Councilmember Labadie for the compliments to Public Works. This last week has been tough on the rinks because one of the water trucks was out for a major repair, so the rinks couldn't be flooded, which may have part of where the concerns came from. Councilmember Johnson asked if anyone knew the cost of a Zamboni so the City could officially cross it off the list. Public Works Director Brown stated that typically the cost for a Zamboni would be about $35,000 to $40,000. There is a tractor mounted one that runs about $15,000 but would require additional logistics in getting it back and forth to the rinks. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 201.8 Page 9 of 10 Councilmember Sundberg stated recently, the Trails of Orono were found negligent in the death of one of their residents. She brings this up because it is the same owner as Shorewood Landing. She reviewed the details of the senior resident who fell and subsequently died. She stated that she wishes she would have known more about this provider before they were approved. The lesson for her has been that in the future Council needs to be really careful about people wanting to come into the City. She wants the City to be safe for everybody and does not want to see this kind of atrocity in our City. Mayor Zerby stated that they operate somewhere around 80 facilities, so he is unsure if the negligence is across the board. Councilmember Sundberg stated that there are many incidents in their facilities and what is deceiving is that the facilities look gorgeous. The money appears to go into the cosmetics and not the care. Mayor Zerby stated that his concern is that the State has also been negligent in this matter. The funding that is being used on supervision and oversight doesn't appear to be there. There has been a push for cities to get these kinds of senior facilities in place because we have been told the "silver tsunami" is coming and the State has not ramped up their ability to support these facilities. Councilmember Sundberg stated that this company had a paper -based system and would receive 25,000 complaints in a year and would review and investigate just 1% of those. There are a number of legislative changes in the works and the Governor appointed a work group, which she is a part of, to review this situation, and it has been alarming. There was a lot that the City did not know because the system was hidden when the applicant came before the City. Mayor Zerby noted that the older population is coming and we have all seen the bell curve moving more and more towards an older population Councilmember Sundberg stated that she believes the statistics are that right now, 1 in 9 people is 65 or older and by 2040, 1 in 3 people will be 65 or older. Mayor Zerby stated that none of this information is new, so it is amazing to him that there is not the infrastructure and systems in place to handle it. Mayor Zerby stated there was a League of Women Voters Mayors Forum last week that was well attended. There were six area mayors in attendance. He felt it was a good discussion about what is happening in the area and always nice to see what other communities are up to. Gary Carlson, 3891 West 62nd Street, stated that he lives in the Cathcart home on the original Cathcart estate. He missed the earlier presentation and welcomed Shorewood to the area. It is a fantastic park and they have appreciated all the work and improvements the City has put in. However, he feels the City has benefitted from not having to handle the surface water. He is on the western border of Cartway Lane, which is basically a gravel path. He noted the only reason Chanhassen agreed to do any kind of maintenance on that road is that they pump all their sewage up through there, because it is a pressure line. The problem with the water is that all the drainage out of Cathcart Park comes out of there quickly. He has already been working with City staff and they have been very helpful and they are looking at the possibilities to do something to handle the surface water. He stated that he feels something will need to be done to handle this storm water correctly. He also noted that Cartway Lane is just a gravel trail and is a 16.5 foot wide. One of his ideas is for the City to add property to the existing Cartway Lane to make a proper street on the westside of the park that could handle the storm water. He stated that he thinks that should at least be considered and discussed. He noted that people who use the park, simply drive up the gravel path and just CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES FEBRUARY 12, 2018 Page 10 of 10 park on the lawn near the tennis courts. He would like the City to give some consideration for how this will be developed in the future. Mayor Zerby thanked him for his information and encouraged him to continue to work with staff who will bring it before the Council, as necessary. Engineer Fauske stated that Mr. Carlson brought up a concern for surface water management at the park site. She noted staff from the City of Chanhassen has also reached out to our City staff with a potential plan to address the surface water concerns. There is nothing to present to the Council right now but will be brought forward at a future date. 11. ADJOURN Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of February 12, 2018, at 8:09 P.M. Motion passed 4/0.